EUROPEAN COMMISSION
Brussels, XXX
SANCO/11161/2012
(POOL/E2/2012/11161/111661-EN.doc)
[…](2012) XXX draft
COMMISSION IMPLEMENTING DECISION
of XXX
as regards measures to prevent the introduction into and the spread within the Union of
the genus Pomacea (Perry)
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COMMISSION IMPLEMENTING DECISION
of XXX
as regards measures to prevent the introduction into and the spread within the Union of
the genus Pomacea (Perry)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures
against the introduction into the Community of organisms harmful to plants or plant products
and against their spread within the Community1, and in particular the third sentence of
Article 16(3), thereof,
Whereas:
(1)
Spain has informed the Commission that Pomacea insularum is present in one region
of that Member State.
(2)
It appears from an assessment carried out by the Commission on the basis of a pest
risk analysis produced by Spain and of a scientific opinion2 and a statement3 of the
European Food Safety Authority that the genus Pomacea (Perry) causes harmful
effects on aquatic plants. Difficulty in taxonomic identification of the different species
and the fact that it cannot be excluded that all species are harmful, make it necessary
to regulate the genus Pomacea (Perry). That genus is neither listed in Annex I nor in
Annex II to Directive 2000/29/EC.
(3)
Given the risk of spreading the specified organism to fields and watercourses and the
absence of less restrictive measures efficiently combating the threat posed by that
organism, it is necessary to prohibit the introduction into and the spread within the
Union of that genus.
(4)
Measures should also be provided for concerning the introduction into and the
movement within the Union of plants for planting, excluding seeds, that can only grow
in water or soil that is permanently saturated with water.
(5)
Surveys for the presence of the genus Pomacea (Perry) should be carried out in areas
where the specific organism is likely to be found and the results notified.
1
OJ L 169, 10.7.2000, p. 1.
EFSA Journal 2012;10(1):2552.
EFSA Journal 2012;10(4):2645.
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(6)
Member States should establish demarcated areas in cases where the genus Pomacea
(Perry) is found to be present in fields and watercourses in order to eradicate the
organisms concerned and to ensure intensive monitoring for their presence.
(7)
Member States should, if necessary, adapt their legislation in order to comply with this
Decision.
(8)
This Decision should be reviewed by 28 February 2015.
(9)
The measures provided for in this Decision are in accordance with the opinion of the
Standing Committee on Plant Health,
HAS ADOPTED THIS DECISION:
Article 1
Prohibitions concerning the genus Pomacea (Perry)
The genus Pomacea (Perry), hereinafter ‘the specified organism’, shall not be introduced into
or spread within the Union.
Article 2
Introduction of plants for planting, excluding seeds, that can only grow in water or soil
that is permanently saturated with water
Plants for planting, excluding seeds, that can only grow in water or soil that is permanently
saturated with water, hereinafter ‘the specified plants’, originating in third countries may be
introduced into the Union if they comply with the requirements, as set out in point (1) of
Section 1 of Annex I.
On entry into the Union the specified plants shall be inspected by the responsible official
body in accordance with point (2) of Section I of Annex I.
Article 3
Movement of specified plants within the Union
Specified plants originating in demarcated areas established in accordance with Article 5 may
be moved within the Union if they meet the conditions, as set out in Section 2 of Annex I.
Article 4
Surveys and notifications of the specified organism
1.
Member States shall conduct annual surveys for the presence of the specified
organism on rice plants and, where appropriate, other specified plants in fields and
watercourses.
Member States shall notify the results of those surveys to the Commission and to the
other Member States by 31 December of each year.
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2.
If the specified organism is found or suspected to be present in fields and
watercourses, it shall immediately be notified to the responsible official bodies.
Article 5
Demarcated areas, measures to be taken in such areas, awareness raising programmes
and notification
1.
Where based on the results of the surveys referred to in Article 4(1) or other
evidence, a Member State finds the specified organism to be present in a field or
watercourse in its territory where its presence was previously unknown, that Member
State shall without delay establish, or where appropriate amend, a demarcated area
consisting of an infested zone and a buffer zone, as set out in Section 1 of the
Annex II.
In the demarcated area it shall take all measures necessary for the eradication of the
specified organism. These measures shall include the measures set out in Section 2 of
Annex II.
2.
Where a demarcated area is to be established or amended in accordance with
paragraph 1, the Member State concerned shall, where appropriate, set up or amend
an awareness raising programme.
3.
Where, as regards a demarcated area, based on the surveys referred to in Article 4(1),
the specified organism has not been found to be present for a period of four
consecutive years, the Member State concerned shall confirm that that organism is no
longer present in that area and that the area ceases to be demarcated.
4.
Where a Member State takes measures in accordance with paragraphs 1, 2 and 3, it
shall immediately notify to the Commission and the other Member States the list of
demarcated areas, information on their delimitation, including maps showing their
location, and a description of the measures applied in those demarcated areas.
Article 6
Compliance
Member States shall immediately inform the Commission of the measures they have taken to
comply with this Decision.
Article 7
Review
This Decision shall be reviewed by 28 February 2015.
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Article 8
Addressees
This Decision is addressed to the Member States.
Done at Brussels,
For the Commission
John DALLI
Member of the Commission
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ANNEX I
INTRODUCTION AND MOVEMENT OF THE SPECIFIED PLANTS
SECTION 1.
SPECIFIC REQUIREMENTS FOR INTRODUCTION INTO THE UNION
(1)
Without prejudice to the provisions listed in Directive 2000/29/EC, specified plants
originating in a third country shall be accompanied by a phytosanitary certificate, as
referred to in the first subparagraph of point (ii) of Article 13(1) of that Directive,
which includes under the heading ‘Additional declaration’ the information that the
specified plants have been found free from the specified organism immediately prior
to leaving the third country concerned.
(2)
Specified plants introduced into the Union in accordance with point (1) shall be
inspected at the point of entry or the place of destination established in accordance
with Commission Directive 2004/103/EC4 to confirm that they meet the
requirements laid down in point 1.
SECTION 2.
CONDITIONS FOR MOVEMENT
Specified plants originating in demarcated areas within the Union may be moved from such
areas into non demarcated areas within the Union if they are accompanied by a plant passport
prepared and issued in accordance with Commission Directive 92/105/EEC5.
ANNEX II
DEMARCATED AREAS AND MEASURES, AS PROVIDED FOR IN ARTICLE 5
SECTION 1.
ESTABLISHMENT AND AMENDMENT OF DEMARCATED AREAS
(1)
Demarcated areas, as referred to in Article 5, shall comply with points (2) and (3).
(2)
The infested zone shall include the places where the specified organism has been
found to be present.
Where a part of a cultivated field is in the infested zone, the rest of that field shall be
part of the infested zone.
(3)
A buffer zone of a width of at least 500 m shall be established around the infested
zone. However, that buffer zone shall only include water courses and areas that are
saturated with fresh water.
Where the infested zone includes a part of a water course, the buffer zone shall
include that water course for a length of at least 1000 m downstream and 500 m
upstream from the location where the specified organism has been found to be
present.
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OJ L 313, 12.10.2004, p. 16.
OJ L 4, 8.1.1993, p. 22.
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(4)
In cases where several buffer zones overlap, a demarcated area shall be established
which includes the area covered by the relevant demarcated areas and the areas
between them. In other cases where it is appropriate, Member States may establish a
demarcated area including several demarcated areas and the areas between them.
(5)
When establishing the infested zone and the buffer zone, Member States shall,
bearing in mind sound scientific principles, take into account the following elements:
the biology of the specified organism, the level of infestation, the distribution of
specified plants, the evidence of establishment of the specified organism, the
capacity of the specified organism to spread naturally.
(6)
If the specified organism has been found to be present in the buffer zone the
delimitation of the infested zone and of the buffer zone shall be amended
accordingly.
SECTION 2.
MEASURES IN DEMARCATED AREAS , AS PROVIDED FOR IN THE SECOND
SUBPARAGRAPH OF ARTICLE 5(1)
Eradication measures taken by Member States in demarcated areas shall include the
following:
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(a)
the removal and destruction of the specified organism;
(b)
intensive monitoring for the presence of the specified organism by inspections twice
a year with a specific focus on the buffer zone;
(c)
Member States shall provide for a hygiene protocol for all used agriculture and
aquaculture machinery which may come into contact with the specified organism and
be capable of spreading it.
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